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Bill Watch, Feb. 28, 2020: Current Criminal Legislation of Note - Criminal Justice News

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Criminal Justice News


Posted on: Mar 5, 2020

The IndyBar Legislative Committee is currently monitoring the following sports and criminal related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mwestrick@indianaenergy.org.

Click here to view the full Bill Watch reports.

HB1006 REGULATION OF TOBACCO PRODUCTS. (KIRCHHOFER C) For purposes of IC 7.1 and the provisions of IC 35 concerning sales and distribution of tobacco products to minors, defines "tobacco product" as any of the following: (1) A product containing tobacco or nicotine, including a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus. (2) An electronic smoking device that may or may not contain nicotine, including an electronic cigarette, cigar, pipe, hookah, vape pen, and cartridge. (3) E-liquid that may or may not contain nicotine. (4) Any component or part of those items that may or may not contain nicotine, including filters, rolling papers, blunt or hemp wraps, and pipes. Requires a person to be at least 21 years of age to purchase tobacco products or to hold a tobacco sales certificate (certificate) to sell tobacco products. Requires a seller of tobacco products to verify the age of a purchaser who appears to be less than 30 years of age (instead of 27 years of age) by checking a government issued identification. Makes a certificate expire annually (instead of every three years). Prohibits the issuance of a certificate within three years of the revocation of a previous certificate for that location. Increases the civil penalties for a retailer that sells tobacco products to a person under 21 years of age and provides the following: (1) Requires suspension of the certificate for a retail establishment that has two or three violations within three years. (2) Requires revocation of a certificate for a retail establishment that has four violations within three years. Provides that a retailer that has four violations in three years (instead of six violations in 180 days) commits habitual sale of a tobacco product, a Class B infraction. Provides that the primary activity of a "tobacco business" is the sale of tobacco products. Prohibits a tobacco business from locating within 1,000 feet (instead of 200 feet) of a school after June 30, 2020, unless the tobacco business was in operation before: (1) July 1, 2020; or (2) the school located near the tobacco business. Requires a person to be 21 years of age (instead of 18 years of age) to enter certain businesses where smoking is permitted. Requires a vending machine that sells tobacco products to be located in an area where only persons who are at least 21 years of age are permitted. Provides that a person who is a nonmanagement level employee of a retailer who sells tobacco products to a person less than 21 years of age may be allowed to complete an education program for retailers instead of paying a civil penalty. Provides that a person who: (1) is not a retailer or employee; (2) is at least 21 years of age; and (3) purchases a tobacco product for a person who is less than 21 years of age; may be assessed a civil penalty of not more than fifty dollars ($50). Prohibits a person who is less than 21 years of age from purchasing, accepting, or possessing a tobacco product. Provides that it is a Class B infraction if a person knowingly sells a tobacco product that contains vitamin E acetate.
 
HB1032 INTERFERING WITH PUBLIC SAFETY. (MILLER D) Renames the offense of "interfering with law enforcement" to "interfering with public safety", and provides that a person who enters a marked off area after having been denied entry by a firefighter commits interfering with public safety. (Under current law, the offense is only committed if the person is denied entry by a law enforcement officer.)
 
HB1077 PROFESSIONAL LICENSING AGENCY. (ZENT D) Amends various statutes to conform to HEA 1269-2019. Removes the one year limitation on renewing the registration of a pharmacist intern. Removes the requirement that an out-of-state provider's home state extend reciprocity to Indiana licensees when considering the out-of-state provider's application for a license to provide home medical equipment services on the basis of reciprocity. Reorganizes the home medical equipment services statute by separating the reciprocity requirements from the general license application statute. Updates terminology in the physician assistant statute to refer to collaboration rather than supervision in conformance with HEA 1248-2019. Specifies that an Indiana registration may be termed "surrendered for cause" if a registrant's federal registration for the manufacture, distribution, or dispensing of controlled substances is terminated, denied, suspended, or revoked by the Drug Enforcement Administration. Makes technical corrections.
 
HB1120 EDUCATIONAL CREDIT TIME. (STEUERWALD G) Amends guidelines related to educational credit time for a person incarcerated in the department of correction.
 
HB1132 CRIMINAL LAW MATTERS. (STEUERWALD G) Provides that the alteration or obliteration of certain markings on a firearm is a Level 5 felony. Provides that the possession of a firearm with altered or obliterated markings is a Level 5 felony. Requires a defendant to serve the sum of all executed time imposed under consecutive sentences before serving any suspended part imposed under consecutive sentences. Makes a technical correction. Makes conforming amendments.
 
HB1210 VARIOUS HEALTH MATTERS. (ZENT D) Establishes penalties for intentionally interfering with an investigation and enforcement of a home health agency by the state department of health (department). Allows the department to use the immunization data registry to store and release nonimmunization personal health information. Changes the title of a "certified food handler" to "certified food protection manager" (CFPM). Repeals the definition of "food handler". Requires a CFPM to provide certain documents to the food establishment and obtain a valid certificate every five years. Prohibits using the title "certified food protection manager" unless the person holds a certificate. Provides that a CFPM may be required to be present during all hours of operation if the department and food establishment agreed upon a variance concerning the requirements for the operation of the food establishment. Amends the establishments that are exempt from the certified food protection manager requirements. Establishes new penalties. Provides for the transition of an existing certified food handler to a certified food protection manager. Makes conforming changes.
 
HB1222 MISCELLANEOUS ELECTION LAW MATTERS. (WESCO T) Allows an individual who is an unopposed candidate for township office to be appointed and serve as a precinct election officer at any vote center if certain conditions are met. Abolishes city and town conventions for nomination of candidates for municipal offices. Abolishes town election boards. Provides that except as otherwise specifically provided by a statute, a local public question may be placed on the ballot only at the following elections: (1) A general election. (2) A municipal general election, but only if the election district for the public question is contained entirely within a municipality. Provides that if a precinct is divided to assign some of the territory of the precinct to a municipality because of an annexation, any part of the divided precinct may form a separate precinct that does not comply with the requirement that a precinct may not be established with fewer than 600 active voters. Authorizes a county executive to request from the Indiana election commission a waiver of the requirement that a precinct must have at least 600 active voters. Provides that in order for a precinct committeeman or a precinct vice committeeman (exercising the precinct committeeman's proxy) to participate in a caucus to fill a vacancy, the committeeman or vice committeeman must be entitled to vote for the office for which a successor is to be selected in the caucus. Provides that an individual who is at least 16 years of age but younger than 18 years of age may perform certain functions relating to absentee voting if the individual satisfies certain criteria. Provides that the adoption, rescission, or amendment of a vote center plan does not require the unanimous vote of the entire membership of the board if: (1) a majority vote of the entire membership of the board votes to adopt, rescind, or amend the vote center plan; and (2) at least two of the members of the board voting to adopt, rescind, or amend the vote center plan are members of different political parties. Requires the inclusion of language on a ballot or voting system to tell the voter that the voter is not required to vote a straight party ticket. Establishes a procedure for processing the absentee ballot of a voter who fails to complete the casting of the voter's absentee ballot before an absentee voter board. Establishes a procedure for a member of the state recount commission to appoint a proxy. Establishes an administrative procedure to remove a township board member who is no longer a resident of the township. Makes conforming changes.
 
HB1225 PUBLIC SAFETY. (MCNAMARA W) Removes the requirement that school buses have black reflective tape affixed on the bumpers and sides of the bus. Provides that, in certain instances, a person who: (1) fails to yield to an emergency vehicle; and (2) causes serious bodily injury, catastrophic injury, or death to any person operating, occupying, or affiliated with the authorized emergency vehicle; commits a Level 6 felony. Provides that the offense of resisting law enforcement is a Level 6 felony if, while committing the offense of resisting law enforcement by forcibly resisting, obstructing, or interfering with a law enforcement officer, the person: (1) creates a substantial risk of bodily injury to the person or another person; and (2) has two or more prior unrelated convictions for resisting law enforcement. Provides that the offense of resisting law enforcement is a Level 6 felony if, while committing the offense of resisting law enforcement by fleeing from a law enforcement officer, the person has two or more prior unrelated convictions for resisting law enforcement. Makes conforming amendments.
 
SB1 TOBACCO AND VAPING SMOKING AGE. (CHARBONNEAU E) Prohibits a person who is less than 21 years of age from buying or possessing: (1) tobacco; (2) e-liquids; or (3) electronic cigarettes. Makes conforming changes regarding enforcement provisions, sales certificates, prohibition of delivery sales, and notices posted at retail establishments and at vending machines. Provides that a retail establishment that sells an e-liquid to a person less than 21 years of age is subject to a civil judgment for an infraction. Triples the civil judgment for an infraction for: (1) a retail establishment that sells or distributes tobacco, an e-liquid, or an electronic cigarette to a person less than 21 years of age; and (2) certain retail establishments that allow an underage person to enter their establishment. Requires a merchant who mails or ships cigarettes as part of a delivery sale to use a shipping service that requires a customer to present identification if they appear to be less than 30 years of age. Makes it a Class B infraction for a person to knowingly sell a tobacco product that contains vitamin E acetate. Makes technical corrections.
 
SB47 EXPUNGEMENT ISSUES. (FREEMAN A) Provides that if a court reduces a Class D or Level 6 felony to a misdemeanor, the five-year waiting period for expungement begins on the date of the felony conviction and not on the date the felony was converted to a misdemeanor. Establishes a procedure for the automatic expungement of a petition for a protection order if the petition was denied, and conforms the automatic expungement provisions to existing civil protection order expungement provisions. Requires companies that provide background checks to periodically review their records and remove records relating to expunged protection orders (in the same manner as expunged convictions are removed). Provides that, if a person whose records have been expunged seeks employment with a law enforcement agency, the law enforcement agency may: (1) inquire about the person's expunged records; and (2) refuse to employ the person. Specifies the procedure to expunge records of a collateral action entered in a different county than the county which issued the expungement order.
 
SB80 INDIANA CODE PUBLICATION BILL. (YOUNG M) Addresses nonsubstantive problems not suitable for inclusion in the annual Technical Corrections bill, including resolution of the conflicts between versions of sections that were both amended and repealed during the 2019 legislative session. (The introduced version of this bill was prepared by the code revision commission.)
 
SB109 STATUTE OF LIMITATIONS. (CRIDER M) Provides that an otherwise barred offense may be commenced not later than five years from the earlier of the date on which: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense. Removes the statute of limitations for civil causes of action concerning child sexual abuse, and provides that a person who alleges an injury resulting from child sexual abuse may file an action in an otherwise time barred case.
 
SB146 SEXUAL ASSAULT VICTIMS' RIGHTS. (DORIOT B) Provides rights to sexual assault victims, including the right to: (1) have a sexual assault counselor present before or during a forensic medical exam or an interview with a law enforcement officer or a defense attorney; (2) the collection of sexual assault forensic evidence; (3) the analysis of the sexual assault forensic evidence; and (4) notice.
 
SB194 DRUG SCHEDULING. (YOUNG M) Adds new scheduled drugs (including emergency scheduled drugs) to the statutory drug schedules. Defines "isomer". Specifies that a controlled substance analog having a narcotic, stimulant, depressant, or hallucinogenic effect is a schedule I controlled substance. Defines "narcotic" to include opium esters, ethers, and salts of isomers, esters, and ethers. Makes other changes and conforming amendments. Makes a technical correction.
 
SB206 DEPOSITION OF A CHILD VICTIM. (MESSMER M) Defines "child victim" as a child less than 16 years of age who is the victim of a sex offense, and specifies that a child victim has the right to confer with a representative of the prosecuting attorney's office before being deposed. Repeals and replaces the current statute concerning the deposition of a child with a new statute that provides that a defendant may only depose a child victim if the prosecuting attorney agrees to the deposition or if a court authorizes the deposition. Establishes a procedure for a court to use to determine whether to authorize the deposition of a child victim, and to specify the manner in which the deposition may be conducted. Provides that an order authorizing the deposition of a child must expressly prohibit the presence of the person accused of committing the offense against the child unless certain conditions apply and the presence of the accused is necessary to preserve the person's rights under the United States or Indiana constitution. Makes conforming amendments.
 
SB209 SEARCH OF CELLULAR TELEPHONE DATA. (CRIDER M) Provides that a search warrant authorizing a search of the data stored on a cellular telephone or similar device must be returned to the court not later than 10 days from the date the search of the device's storage begins.
 
SB249 EXPLOITATION OF DEPENDENTS AND ENDANGERED ADULTS. (YOUNG M) Defines "person in a position of trust" and "self-dealing". Provides that a: (1) person commits exploitation of a dependent or an endangered adult if the person recklessly uses or exerts control over the personal services or property of an endangered adult or dependent; and (2) person in a position of trust commits exploitation of a dependent or an endangered adult if the person recklessly engages in self-dealing with the property of the dependent or endangered adult. Increases the penalty if the person has a prior unrelated conviction. Removes: (1) provisions relating to the Social Security Act; (2) a sentencing enhancement that applies if the victim is at least 60 years of age; and (3) a sentencing enhancement based on the value of the property.
 
SB302 INDIGENCY DETERMINATIONS. (TALLIAN K) Establishes a procedure for a criminal court to use in determining if a defendant is indigent. Provides that, if a court has ordered a defendant to pay part of the cost of representation, the court shall inquire at sentencing whether the defendant has paid the required amount. Specifies that a court may prorate fines, fees, and court costs based on the person's reasonable ability to pay. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)
 
SB335 CRIMINAL LAW ISSUES. (YOUNG M) Provides that, if certain criminal penalties are increased (or, in the case of an infraction, imposed) due to a prior conviction or infraction committed by a defendant, the new offense must have been committed not later than seven years from the later of the date: (1) of the conviction or infraction judgment; or (2) the person was released from incarceration, probation, or parole. Excludes certain crimes and classes of crimes from the seven year lookback period. Specifies the duties of an operator of a boat who is involved in an accident or collision resulting in injury. Adds strangulation and domestic battery to the definition of "crimes of violence". Specifies that references to a conviction for Indiana offenses include: (1) an attempt to commit the offense; (2) a conspiracy to commit the offense; and (3) a substantially similar offense committed in another jurisdiction. Provides that credit earned by a person on pretrial home detention does not include accrued time. Makes it a crime to possess a firearm with an obliterated serial number (under current law, it is only a crime to possess a handgun with an obliterated serial number). Specifies that a conspiracy to commit a misdemeanor is an offense of the same class as the misdemeanor. Replaces the term "dangerous disease" with the term "serious disease". Replaces the term "carrier of the human immunodeficiency virus" with the term "individual with the human immunodeficiency virus". Removes: (1) "acquired immune deficiency syndrome (AIDS)"; and (2) "AIDS related complex" from a statutory definition of HIV. Repeals provisions that authorize a court to require a defendant to undergo HIV testing in instances involving the charge of: (1) battery; or (2) domestic battery; and allegations of battery by bodily fluid or bodily waste. Provides that a person who recklessly, knowingly, or intentionally donates, sells, or transfers blood or semen for artificial insemination that: (1) contains HIV; and (2) results in the transmission of HIV to any person other than the defendant; commits transferring contaminated body fluids, a Level 4 felony. Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Level 6 felony, and increases the penalty to a Level 5 felony for a second or subsequent offense. Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider certain factors when evaluating a petition to expunge certain juvenile adjudications. Beginning January 1, 2021: (1) requires the office of judicial administration to collect and publish certain statistics related to the confiscation and retention of firearms; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Provides that a person who knowingly makes a false report that another person is dangerous commits false informing, a Class B misdemeanor. Provides that a person who panhandles within 50 feet of: (1) the entrance or exit to a bank, business, or restaurant; (2) the location where a financial transaction occurs; or (3) a public monument; commits the offense of panhandling, a Class C misdemeanor. Provides that a person who knowingly or intentionally panhandles at any time commits panhandling, a Class C misdemeanor. (Current law limits the time period during after sunset and before sunrise.) Defines "financial transaction" and "public monument". Beginning January 1, 2021, provides a defense to prosecution for operating a vehicle while intoxicated with a controlled substance if: (1) the controlled substance is THC; (2) the amount of THC is less than one (1) nanogram; and (3) the THC was identified by means of a chemical test taken pursuant to IC 9-30-7. Provides that, after June 30, 2020, a person shall not sell or issue to an Indiana consumer any gift certificate or store gift card with an expiration date unless certain conditions are met. Provides that, with respect to a gift certificate or a store gift card that is sold or issued to an Indiana consumer after June 30, 2020, if at any time after the gift certificate or store gift card is issued or sold: (1) the merchant for which the gift certificate or store gift card was originally sold or issued: (A) for any reason ceases to do business in Indiana; or (B) for any reason: (i) substantially changes; or (ii) ceases to offer; the types of goods or services that were offered to consumers at the time the gift certificate or store gift card was originally sold or issued; and (2) any expiration date: (A) authorized under the bill's provisions; and (B) applicable to the gift certificate or store gift card (or to the underlying funds associated with either) has not elapsed; the merchant for which the gift certificate or store gift card was originally sold or issued shall, upon the request of an Indiana consumer who is the rightful holder of the gift certificate or store gift card, promptly refund to the holder the balance of the underlying funds or provide the holder with the remaining balance in some other manner. Provides that a person that violates the bill's provisions: (1) commits a deceptive act that is actionable by an aggrieved consumer and the attorney general under the deceptive consumer sales act; and (2) is subject to the penalties and remedies set forth in the deceptive consumer sales act. Authorizes the attorney general to adopt rules to implement these provisions. Makes conforming amendments. Makes technical corrections.
 
SB395 UNIFORM CONSUMER CREDIT CODE. (BASSLER E) Amends the Uniform Consumer Credit Code (UCCC) as follows: (1) Changes: (A) from July 1 of each even-numbered year to January 1 of each odd-numbered year the effective date for the adjustment, based on changes in the Consumer Price Index, of various dollar amounts set forth in the UCCC; and (B) the corresponding date that precedes the adjustment date and by which the department of financial institutions (department) must issue an emergency rule announcing the adjustment. (2) For an agreement for a consumer credit sale entered into after June 30, 2020: (A) authorizes a seller to contract for and receive a nonrefundable prepaid finance charge based on the amount financed, in addition to the credit service charge and any other authorized charges and fees; and (B) prohibits precomputed consumer credit sales. (3) Repeals a provision concerning the credit service charge for revolving charge accounts and relocates the language to the provision concerning the authorized credit service charge for consumer sales. (4) For an agreement for a consumer loan entered into after June 30, 2020: (A) changes the amount of the authorized nonrefundable prepaid finance charge from $50 to an amount that is not more than: (i) $75; (ii) $150; or (iii) $200; based on the amount financed, in the case of a consumer loan not secured by an interest in land; and (B) prohibits precomputed consumer loans. Makes conforming changes with respect to supervised loans. Changes from $1.50 to $3 the amount of the fee that a lessor in a rental purchase agreement may impose for accepting rental payments by telephone. Makes conforming technical amendments throughout the UCCC to reflect the bill's changes.
 

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